Learn About Third-Party Assisted Reproduction & Surrogacy Law in Arkansas
Everything you need to know about surrogacy law in Arkansas.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Arkansas
- Gestational and traditional surrogacy are both permitted in Arkansas.
- A written gestational surrogacy agreement is highly recommended.
- Pre-birth parentage orders are available, particularly for married or single intended parents.
- Unmarried non-genetic intended parents may be required to complete post-birth legal proceedings to establish parentage.
- Independent legal representation is recommended for all parties involved.
Arkansas Surrogacy Law: What You Need to Know
Arkansas allows for both gestational and traditional surrogacy and supports pre-birth parentage orders for most married and single intended parents. While there is no formal surrogacy statute, courts regularly approve parentage orders when proper agreements and legal steps are followed. Unmarried couples may face additional requirements, but surrogacy remains a viable option in the state.
Arkansas Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Marriage is typically required |
| Pre-Birth Parentage Orders | Allowed (dependent on the facts of the surrogacy arrangement and jurisdictional limitations) |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted |
| Surrogacy Agreement | Although there is no surrogacy statute in Arkansas requiring a Gestational Surrogacy Agreement, it is highly recommended |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Single non-genetic Intended Parents can be recognized as the parent through a pre-birth order If a couple is unmarried, the non-genetic Intended Parent can be recognized as the parent through post-birth legal proceedings |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | Married Intended Parents and Single Intended Parents (regardless of genetic connection) can be listed on their child’s birth certificate via a pre-birth order For an unmarried couple, the non-genetic Intended Parent will be placed on their child’s birth certificate after post-birth legal proceedings |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4+ weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.